The Jones Act -- Maintenance and Cure

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits.

LIABILITY OF AIRLINES

An airline may be liable to its passengers for an aircraft accident based upon its status as a common carrier, its contract with the passengers, or an implied or express warranty regarding the safety of its aircraft. An airline may also be liable to its passengers for delays, for discrimination, or for wrongful expulsion

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.

Trespass

Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land.

Wrongful Death & Survival

Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.